This column addresses recent decisions of the U.S. District Court for the Northern District of New York. As courts around the country address novel legal issues presented by the ongoing COVID-19 pandemic, this installment addresses two recent­­­­­­­—and somewhat conflicting— decisions on requests for emergency relief from New York state’s mask and vaccine mandates.

The cases discussed in this column both involve requests for emergency relief from New York state’s vaccination mandate for health care workers. On Aug. 18, 2021, New York State Health Commissioner Howard Zucker issued an Order for Summary Action (hereinafter, the Aug. 18th Order) requiring all covered personnel at hospitals and nursing homes to be vaccinated against COVID-19. The Aug. 18th Order specifically included a medical and religious exemption. On Aug. 26, 2021, New York State’s Public Health & Health Planning Council adopted an emergency regulation requiring most health care workers to be vaccinated against COVID-19 by Sept. 27, 2021. N.Y. Comp. Codes R. & Regs. Tit. 10, §2.61(c) (2021). Notably, unlike the Aug. 18th Order, the new regulation specifically excludes any religious exemption.